Blog

15.3.2019
Jan Lhotský

Jiří Malenovský is one of the most eminent Czech experts on European and International Law. He is a professor at the Faculty of Law at the Masaryk University, a former judge of the Constitutional Court of the Czech Republic and a sitting judge on the Court of Justice of the EU. This interview was published in February 2017, in Czech, now we also present it in English.

In addition, Professor Malenovský regularly publishes articles. In January 2017, his article was published in the journal, "The Lawyer". He reserved time for an interview with the Czech Center a few days before Christmas, when he arrived in the Czech Republic coming from Luxembourg. During the lunch interview, Professor Malenovský was willing to answer both professional and personal questions.

8.3.2019
Jan Lhotský, Beáta Bolyová

The International Court of Justice is the principal judicial organ of the United Nations. Judge Tomka, born in Banská Bystrica, has been a Member of the Court since 2003; Vice-President of the Court from 2009 to 2012; and the President of the Court from 2012 to 2015.

In contentious cases, the International Court of Justice (ICJ) settles legal disputes that are submitted to it by States. The Court can only address a dispute when the States in question have recognised its jurisdiction. No State can therefore be a party to proceedings unless it has consented thereto.[1]

26.2.2019
Douglass Radcliff

The Uighurs are an ethnic minority coming from the Xinjiang province in Northwestern China. The province is officially an autonomous region however, remains under control of the central government. Furthermore, there are many instances of human rights violations in relation to the Uighurs.

Who are the Uighurs?

The Uighurs are a Turkic-speaking ethnic minority in Central Asia. The majority of this ethnic group, over 10 million people, lives in China and the Xinjiang province, but over 300,000 live in the surrounding countries of Uzbekistan, Kyrgyzstan and Kazakhstan. Furthermore, there have been communities established further abroad in places such as Afghanistan, Belgium, Germany, Sweden, Norway, Saudi Arabia, Canada, Australia, Russia and the United States.

27.1.2019
Jan Lhotský

For years Professor Meron served as a judge and the President of the International Criminal Tribunal for the former Yugoslavia. Nowadays, he presides over the tribunal that took its residual functions. What are the cases the new tribunal deals with? And how does he feel about the development of international criminal justice?

Professor Theodor Meron was born in 1930 in Poland, grew up in Israel and later moved to the US. He studied law in Jerusalem, Oxford and Harvard, and become one of the most respected scholars in international law. After the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), he served as a judge and the President of ICTY. When these tribunals were about to close, he became the President of the International Residual Mechanism for Criminal Tribunals (IRMCT or Mechanism) that took over the residual functions of both the former tribunals.

14.1.2019
Jan Lhotský

The Kosovo Specialist Chambers and the Specialist Prosecutor’s Office (KSC) is a new hybrid criminal tribunal that combines elements of both international and national law. Although being formally part of the judiciary of Kosovo, it has a seat in The Hague. Why was it established?

From 2011 onwards, the European Union strongly supported the establishment of a new hybrid tribunal that could investigate particular crimes that were allegedly committed or commenced on the territory of Kosovo.

After more than a year of preparations the court plans to move from provisional premises into its final building where the future proceedings should take place. The President of the KSC, Ekaterina Trendafilova, was very kind and shared her experiences and views with the Czech Centre for Human Rights and Democracy.

11.12.2018
Jan Lhotský

The term “crime of aggression” in international law determines, with a certain degree of simplification, the individual criminal responsibility of a person (for example a head of state) for ordering an armed attack against a foreign state. Including this crime in the jurisdiction of the International Criminal Court in The Hague has been discussed for many years and in December 2017, the final decision was adopted that the crime of aggression would be included in the jurisdiction of the International Criminal Court on the 17 July 2018, twenty years after the signing of its founding treaty – the Rome Statute.

In line with the changes, the judges amended the Regulations of the Court, which entered into force on 15 November 2018.

Next to genocide, crimes against humanity and war crimes, aggression became the fourth crime that the Court will be able to deal with. What does its legal regulation look like and for what kind of cases can we expect it to be used in reality?

9.12.2018

When an international criminal tribunal in The Hague is mentioned, the majority of people think about the International Criminal Court. However, three other such courts are functioning in The Hague, one of them being the Special Tribunal for Lebanon. And as it applies national law, it is a very unique international tribunal. Why was it established? In what ways does it differ  from the other tribunals? The answers are brought by its President, Judge Ivana Hrdličková.

Madame President, as she is called at the Special Tribunal for Lebanon, was a judge in the Czech Republic in both civil and criminal cases who, at the same time, focused her academic interests on Islamic law and human rights. She also served as an expert on the Council of Europe on money laundering and terrorist financing matters at the so-called Moneyval. She was appointed a judge at the Special Tribunal for Lebanon in 2012 and became its President in 2015. In February 2018 she was re-elected for a third term of eighteen months.